Lack of Land Title Doesn’t Mean No Owner, Warns Lands Commissioner

District land boards in Uganda hold authority over land ‘not owned by any person’ per Section 60 of the Land Act, tied to Article 241 of the Constitution. However, officials frequently confuse unregistered or untitled land with truly ownerless property, sparking numerous conflicts.

Communities and courts emphasize that the issue lies with land having owners absent from registries, not vacant plots. The term ‘vacant’ serves as an administrative tag for land lacking clear records, not evidence of no lawful claim. Boards should assist in registering interests, like Certificates of Customary Ownership (CCOs), to formalize rights and cut disputes.

Unregistered Does Not Equal Unowned

This misinterpretation allows leases over land families have farmed or lived on for generations. Customary tenure—held by clans or communities—is legally valid without documents. CCOs confirm pre-existing rights, not create them anew.

‘Unused’ land perceptions mislead too: fallow gardens, grazing paths, or bush for resources often hold communal value. Protected zones like wetlands and forests must remain public trusts, not lease fodder, with proper mapping to avoid errors.

Area Land Committee inspections can overlook seasonal uses or poor notices. Proper checks demand village announcements, objection periods, and appeal routes.

Court Rulings Reinforce Rights

In Omoro & 4 Others vs Attorney General (2019), the Constitutional Court upheld customary rights against treating unregistered community land as free. The Supreme Court in Kampala District Land Board vs Babweyaka (2007) ruled leases cannot override valid interests.

The Constitution vests land in citizens, protecting property. Boards must presume claims exist, proving otherwise transparently.

Advice for Affected People

• Collect evidence: photos, witnesses, crops, graves.
• Demand board files and inspection records.
• File written objections and pursue CCOs or caveats.
• Seek legal aid promptly against surveys or threats.

Steps for Boards on Errors

Halt processes, redo inquiries with elders, issue notices, document decisions, reverse wrongful allocations, and use checklists for evidence-based rulings. This builds trust, aids investors, and avoids evictions.

Baker Mugaino, Commissioner for Land Registration, Ministry of Lands and Urban Development.

Source: Daily Monitor